Knowledgeable Divorce Attorneys In Bloomington, Indiana
Spousal maintenance, often called spousal support, offers economic stability for those adjusting to post-divorce life. It often serves as a financial lifeline that supports the transition from married life to independence.
At McCrea & McCrea, our divorce attorneys have served Bloomington families and individuals for over 85 years. We understand Indiana law and will treat your case with the experience and dedication you deserve. Our spousal maintenance lawyers are committed to helping local families like yours navigate spousal support matters confidently.
When Do You Qualify For Spousal Maintenance In Indiana?
Indiana courts recognize several forms of spousal support for different circumstances. Understanding them can help you determine what may apply in your situation.
- Rehabilitative maintenance: The most frequently awarded type of support, it is designed to help a spouse regain financial independence after divorce and is limited to a maximum of three years. Courts often grant rehabilitative maintenance when one spouse has paused a career to raise children or manage household responsibilities.
- Incapacity maintenance: This form of support may be granted when a spouse is unable to work due to a verified physical or mental disability. It can be awarded indefinitely, but gaining court approval requires substantial medical documentation and legal justification.
- Caregiver maintenance: In rare cases, a spouse may receive support if they must remain unemployed to care for a child with a serious disability. Courts consider the child’s condition and the caregiver’s inability to earn income while providing full-time care.
Our skilled spousal maintenance lawyers can help you assess your eligibility and present a compelling case for support.
Tax Implications Of Spousal Maintenance
Understanding the tax treatment of spousal support is essential for both parties in a divorce. For divorces finalized after January 1, 2019, spousal maintenance payments are no longer tax-deductible for the paying spouse nor considered taxable income for the recipient.
An important note: Spousal maintenance impacts income taxes, while property settlements typically do not. However, dividing assets may carry a “tax effect” that influences long-term value. Indiana courts may consider how future tax obligations affect each party’s financial position. Two assets with equal face value can differ significantly once taxes are applied, making strategic asset division essential to a fair and financially sound outcome.
Our attorneys know how to analyze implications to help you achieve a truly equitable property settlement.
Connect With A Seasoned Spousal Support Lawyer
If you have questions about spousal support in Indiana, let us explain your options and guide you. Call 812-650-4425 or reach out through our contact form to speak with one of our experienced divorce attorneys today.